By Anita Petrovic.
Court proceedings in Australia tend to be adversarial/conflict-driven in nature. The Federal Circuit and Family Court of Australia (“the FCFCOA”) has long recognised the importance of managing family law matters, particularly parenting matters, in a less adversarial manner than other Courts, despite there still being two or more usually opposing parties in proceedings in the FCFCOA.
Section 102NE of the Family Law Act 1975 (Cth) sets out the following principles for conducting parenting matters:
1. The Court is to consider the needs of the child concerned and the impact that the conduct of the proceedings may have on the child in determining the conduct of the proceedings.
2. The Court is to actively direct, control and manage the conduct of the proceedings.
3. The proceedings are to be conducted in a way that will safeguard:
- The child concerned from being subjected to, or exposed to, abuse, neglect or family violence; and
- The parties to the proceedings against family violence.
4. The proceedings are, as far as possible, to be conducted in a way that will promote cooperative and child‑focused parenting by the parties.
5. The proceedings are to be conducted without undue delay and with as little formality, and legal technicality and form, as possible.
Parties and legal practitioners acting in family law cases should bear these principles in mind in the conduct of parenting matters in the FCFCOA.
